THE Sokoto State Governor-elect and Speaker, House of Representatives, Aminu Tambuwal, yesterday asked a Federal High Court in Abuja to dismiss a suit challenging his emergence as the candidate of the All Progressives Congress (APC) in last Saturday’s governorship election.
Tambuwal’s lawyer Jibrin Okutepa (SAN) contended that in view of his client’s victory at the election, the suit instituted by Senator Umaru Dahiru no longer possesses any live issue to be determined by the court.
He noted that in view of the outcome of the election, most of the plaintiff’s prayers have been overtaken by events.
Okutepa urged the court to order counsel in the case to address the court on whether or not there was still any legal reason for the court to continue hearing the case after the actual governorship election had been conducted and results declared.
“The governorship election has been won and lost. Has this action not become academic? Is there any live issue to determine as utilitarian value to the plaintiff in view of the relief sought by him? I believe this issue should be resolved by your lordship before any other step can be taken.
“Your lordship should order counsel to address the court on this issue. The court should allow us to address your lordship. There is no more live issue in this case,” Okutepa said.
Lawyer to the APC, Sunday Ameh (SAN), associated himself with Okutepa’s position.
Plaintiff’s lawyer Awa Kalu (SAN) argued otherwise, insisting that there was still reasonable cause of action in the case.
Kalu described the application by Tambuwal and APC as an attempt to deliberately “kill” the case.
“When counsel deliberately kills a case, it must have a consequence. It is like murder.
“This case will expose the choreography of the murder of the case. I do not agree that the case is dead. It is their responsibility to enunciate how the case is dead,” he said.
Justice Evoh Chukwu ordered Tambuwal and APC to within five days file an address on the issue and serve the plaintiff.
He also ordered the plaintiff to respond within five days of receiving the defendants’ processes. He adjourned to April 27.
Dahiru sued after the December 14, 2014 APC governorship primaries in Sokoto State, urging the court to stop the Independent National Electoral Commission (INEC) from recognising Tambuwal as the APC’s governorship candidate.
He contended that the primary was held in violation of the provisions of 2010 Electoral Act 2010 and the APC’s electoral guidelines.
Listed as co-plaintiff in the case is Aliyu Sanyinna. APC, Tambuwal and the Independent National Electoral Commission (INEC) are the defendants.
The plaintiffs, in their statement of claim, alleged that APC officials denied all other aspirants and their delegates, except Tambuwal and his delegates, access to the primary’s venue.
They also alleged that the screening of delegates on the day of the primaries was not done between the stipulated hours of 8am and 12noon and that the list of the delegates as issued by the National Secretariat of APC was not used in the conduct of the primary.